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Judgment
Deepak Khot, J
It has been informed by the learned Public Prosecutor that notice to Victim A/respondent no.2 has already been served through concerned Police Station.
This is the first bail application filed by the applicant under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for brevity, 'BNSS') for grant of regular bail relating to FIR/Crime No.165/2025, registered at Police Station Malthon, District Sagar, for the offence punishable under Sections 137(2), 65(1), 64(2)(m), 96 of Bhartiya Nyaya Sanhita, 2023 and Sections 3/4(2) and 5(L)/6 of POCSO Act, 2012. The applicant is in custody since 05.06.2025.
As per the prosecution story, a FIR was lodged on 09.05.2025 by the father (complainant) of the prosecutrix alleging that the prosecutrix is missing since 08.05.2025 and on this basis, crime has been registered. Later, the prosecutrix was recovered on 05.06.2025 and on her statement, offence on the aforesaid sections have been registered against the present applicant.
It is submitted by learned counsel for the applicant that the applicant is in custody since 05.06.2025, charge-sheet has been filed and the material witnesses have already been examined before the Court below. The prosecution story as narrated by the prosecutrix is denied by her before the Court below. It is submitted that the prosecutrix, her parents and grand-parents have turned hostile and not supported the version of the investigating agency. It is further submitted that the report of DNA profile has also not matched with the collected samples of the prosecutrix and on this basis, it is prayed that as the trial will take considerable time to conclude, the present applicant be enlarged on bail.
Per contra, learned Government Advocate has opposed the bail application on the ground that in the investigation, the statement of the prosecutrix has been recorded in which she has alleged commission of offence against the present applicant and accordingly, charge-sheet has been submitted. However, it has been submitted that the prosecutrix has turned hostile and the chemical examination of DNA did not match with the profile of the accused.
Considering the facts of the case that the prosecution has turned hostile and other material witnesses have also turned hostile and also the fact that the DNA profile does not match with the accused/applicant, this Court deems it appropriate to allow the bail application. Thus, without commenting on the merits of the case, the bail application is allowed.
It is directed that the applicant - Chirag be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.
Accordingly, the Misc. Criminal Case stands disposed of. Certified copy, as per rules.